H1b - eb2 - l1a - eb1c

[Jhagen Bharathwaj]

Team,

I have my approved I 140 and my H1b expiring by March 2015. At present I am in India for 1 year assignment (expat till June 2015) which will help to upgrade from EB2 to EB1c as Multi-National Manager. I have close to 2 years which can be recaptured as a part of my H1 B. In the current situation my employer is planning to initiate L1A - EB1C which I am not comfortable. Can we initiate H1b extension while I am in India ? For H1b extension will I come under every year H1b cap ?

Kindly advice which route is better. Extending my current H1b, port Eb2 to eb1c which I feel should be easy rather going into L1A track.

Appreciate your feedback

[raghvi]

Team,

I have my approved I 140 and my H1b expiring by March 2015. At present I am in India for 1 year assignment (expat till June 2015) which will help to upgrade from EB2 to EB1c as Multi-National Manager. I have close to 2 years which can be recaptured as a part of my H1 B. In the current situation my employer is planning to initiate L1A - EB1C which I am not comfortable. Can we initiate H1b extension while I am in India ? For H1b extension will I come under every year H1b cap ?

Kindly advice which route is better. Extending my current H1b, port Eb2 to eb1c which I feel should be easy rather going into L1A track.

Appreciate your feedback

Yes new H1B stamping can be done, by extending the H1 petition by 3 Years based on I140 approval.

I believe a L1A to EB1 is more convincing than a H1B EB2 to H1B EB1.

I do see certain advantages of trying out the L1A route though, L1A, if approved would fetch you a 3 Years initial stay with a possibility of extension of another 2+2 Years, your spouse can work on L2 and if L1A is rejected, you can always go for H1B extension based on I140.

This is my opinion not legal advice.